The MACP benefits cannot exceed those of the promotional post, and recovery of excess payments already made is impermissible under certain conditions.

O R D E R

Per: Justice S.Sujatha ...........Member(J)

The applicants have filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(a) call for the relevant records leading to the issuance of the impugned orders at Annexure A15, A17, A18 & A20 by the R-1, R-2 & R-3 and on perusal;

(b) quash the impugned order No.4038/1092 dated 11.08.2021 at Annexure A15 issued by R-1 and impugned order No.SM/02/02//2021 dated 25.08.2021 at Annexure A17 issued by R-2 and impugned order No.14/1902-MACP (Genl) dt.30.11.2021/03.01.2022 at Annexure A18 issued by R-1 and impugned order No.05 (Adm) dated 17.03.2022 at Annexure A20 issued by R-3 as arbitrary, unjust, unfair and bad in law and against the orders of the Hon’ble Apex court at Annexure A19.

(c) direct the Respondent-3 not amend the pay level matrix in the case of the Applicants from level 7 to level 6 and level 8 to level 7 as per the impugned order at Annexure A20 in the interest of justice and equity.

(d) pass any other order or direction as deemed fit by this Hon’ble Tribunal including an order for award of cost of this application in the interest of justice and equity.”

2. The facts in brief as narrated by the applicants are that they were/are working in the office of the Respondent No.3. The applicants had undergone two years training in the Training Directorate in Survey of India at Indian Institute of Surveying & Mapping at Uppal , Hyderabad after recruitment to the post of Topo Trainee Type ‘B’ Draftsman in the erstwhile Division II establishment of Group ‘C’ . After successful completion of two years of training, the applicants were initially classified as Draftsman Grade IV in erstwhile Division II Group C Establishment. After qualifying the requisite periodical Trade Tests in each Grade, the applicants were brought in the Draftsman Grade II Division II. The Survey Department implemented Government of India OM dated 19.10.1994 and OM dated 01.06.2001, on the basis of judicial orders/directions. New recruitment rules were framed and published in the Gazette of India dated 29.06.2006. Division-II Grade-II Draftsman and Division-I (promoted from Division II Grade-II) in Survey of India were eligible to get their 1^st, 2^nd and 3^rd financial upgradations under MACP Scheme on completion of 10, 20 and 30 years of service respectively from the date of their placement in Division-II Grade-II Draftsman. It is the grievance of the applicants that such benefits were extended under MACP Scheme in terms of the OM dated 19.10.1994 from the date of their placement in the scale of Rs.5000-8000 (pre- revised) and not from the date of their placement in Division-II Grade-II. The 1^st and 2^nd financial upgradation under ACP Scheme was implemented in Survey of India to the Draftsman from the date of their placement in Division-II Grade-II. The Department has implemented the ACP Scheme to the Draftsman Division-I who are in the pay scale of Rs.5500-9000 and have completed 24 years of service in Division-II Grade-II and Division-I (promoted from Division –II Grade-II) . As such the date of placement in Division-II Grade-II being the date for counting the entry grade for ACP Scheme, the same is to be considered while implementing the MACP Scheme. Subsequent to the issue of DOPT instructions dated 19.05.2009, Respondent-1 had issued a letter dated 20.04.2011 for extending the financial upgradation under MACP Scheme for Draftsman Grade-II Division-II and Draftsman Division-I (promoted from Grade-II Division-II). In view of the same, clarification sought by the Survey of India for grant of financial upgradation under MACP Scheme was not warranted. The D